Louisiana Expungement: Set Aside Convictions and Clean Slate
Louisiana allows expungement of many convictions under La. C.Cr.P. Art. 978. Set aside provisions, automatic expungement, and the 2023 Clean Slate law.
Louisiana's expungement law has changed significantly over the past decade. Until 2014, there was no provision for expunging adult felony convictions in Louisiana. Today, the state allows expungement of many misdemeanor and felony convictions — and in 2023, Louisiana passed SB 111, a Clean Slate law that will eventually automate the process for eligible records. If you were told years ago that you could not clear your Louisiana record, the law has likely changed since then.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
How Louisiana expungement works
Louisiana uses the term "expungement," but the practical effect is closer to what other states call sealing. When a Louisiana record is expunged, it is removed from public access — employers and landlords running standard background checks will not see it. But the record is not destroyed. Law enforcement and certain agencies retain access.
The legislature stated the purpose of expungement in Art. 971: to "break the cycle of criminal recidivism, increase public safety, and assist the growing population of criminal offenders reentering the community to establish a self-sustaining life through opportunities in employment." That is a clear statement of intent — and it guides how courts interpret the law.
The set aside — Art. 893(E)
One of the most important concepts in Louisiana criminal law is the set asideunder Article 893(E). For certain first-time felony offenders, the court can defer the entry of a judgment of guilt during probation. If you successfully complete probation, the court sets aside the conviction and dismisses the prosecution.
A set aside under Art. 893(E) is not the same as expungement — the arrest and charge still appear on your record even after the conviction is set aside. But having the conviction set aside makes you eligible for expungement of the underlying arrest and charge, and the expungement process is generally smoother for people who have had their conviction set aside.
The 2023 Clean Slate law — automatic expungement
In 2023, Louisiana passed SB 111, establishing an automated expungement process. This is a significant development. Under SB 111, the Louisiana Bureau of Criminal Identification and Information (BCII) is directed to develop a system that automatically identifies and expunges eligible records — without requiring individuals to file a motion or pay a fee.
The automated process covers non-conviction records (Art. 976), misdemeanor convictions (Art. 977), and felony convictions (Art. 978) that would otherwise be eligible for expungement. The timeline for full implementation is still developing. If you do not want to wait for the automated system to reach your record, you can still file a motion under the traditional process.
Who qualifies — and who does not
May qualify
- Non-conviction records — dismissed, acquitted, nolle prosequi (immediate)
- Misdemeanor convictions — after 5 years, no new convictions during waiting period
- Felony convictions set aside under Art. 893(E) — upon set aside
- Felony convictions — after 10 years, no new convictions during waiting period
- First offense misdemeanor marijuana possession — after 2 years
- Arrests where no charges were filed
- Records eligible for automatic expungement under SB 111 (when system is operational)
Generally does not qualify
- Sex offenses requiring registration
- Crimes of violence as defined by La. R.S. 14:2(B)
- Domestic abuse battery (La. R.S. 14:35.3) — in most circumstances
- DWI convictions (La. R.S. 14:98) — third or subsequent offenses
- Any offense where the person has a subsequent conviction during the waiting period
- Any offense where the person has pending charges
- Murder, manslaughter, and other serious violent crimes
Louisiana's eligibility rules depend on the specific offense and your complete criminal history. The 'crimes of violence' definition in La. R.S. 14:2(B) is broad and covers many offenses beyond what most people think of as violent crimes. Check the statute or consult a lawyer.
Waiting periods
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor conviction
Clock starts: Date sentence, probation, or parole completed
No additional convictions during the waiting period. All fines and fees must be paid.
Felony conviction
Clock starts: Date sentence, deferred adjudication, probation, or parole completed
No additional convictions for 10 years. Certain violent and sex offenses are excluded entirely.
Set aside under Art. 893(E) — first offense felony
Clock starts: Date the court enters the set aside order
If the court set aside your conviction and dismissed the prosecution under Article 893(E), you may petition for expungement immediately after the set aside.
Non-conviction (dismissed, acquitted, nolle prosequi)
Clock starts: Date of final disposition
No waiting period for non-conviction records. Under Art. 976.
Misdemeanor marijuana possession (first offense)
Clock starts: Date of conviction
Shorter waiting period for first offense misdemeanor marijuana possession under certain conditions.
Automatic expungement (Clean Slate, SB 111)
Clock starts: Determined by the Bureau of Criminal Identification and Information
Louisiana's 2023 SB 111 establishes an automated process. No petition required once the system is operational.
How to file for expungement in Louisiana
The Louisiana expungement process
- 1
Get your Louisiana criminal history
1-2 weeks$26Request your official criminal history from the Louisiana Bureau of Criminal Identification and Information (BCII), which is part of the Louisiana State Police. You need this to confirm what is on your record, get case numbers, and verify eligibility.
Request your record at lsp.org/services/bcii. You will need to submit fingerprints. Some parish sheriff offices offer fingerprinting services.
- 2
Determine which expungement pathway applies
1-2 hoursFreeLouisiana has separate pathways: Art. 976 for non-convictions, Art. 977 for misdemeanor convictions, and Art. 978 for felony convictions. If your conviction was set aside under Art. 893(E), that creates an additional pathway. Identify which article applies to your case.
If your felony conviction was set aside and dismissed under Art. 893(E) after completing probation, your path to expungement is typically faster and clearer.
- 3
Complete the motion for expungement
30-60 minutesFreeLouisiana uses a specific form called a "Motion to Expunge." Download the form from the Louisiana Supreme Court website or get it from the clerk of court in your parish. Fill it out completely with your case number, the offense, the disposition, and the statutory basis for your motion.
Art. 989 specifies the exact form to use. Make sure you use the current version — forms are updated when the law changes.
- 4
File the motion with the clerk of court
1 day$550 for conviction expungement; lower for non-convictionsFile your completed motion with the clerk of the district court in the parish where your case was heard. Pay the filing fee at this time. Louisiana charges a $550 filing fee for conviction expungements, which is among the highest in the country.
If the fee is a barrier, ask the clerk about a fee waiver. Louisiana courts can waive fees for indigent petitioners. Legal aid organizations may also help cover costs.
- 5
DA and arresting agency are notified
30-60 daysFreeAfter filing, the court notifies the District Attorney and the arresting agency. They have the opportunity to object. For most non-conviction expungements, objections are rare. For conviction expungements, the DA may review more carefully.
- 6
Court rules on the motion
30-90 days after filingFreeThe court reviews your motion, any objections, and your eligibility. If you meet all requirements and there is no objection, the court may grant the motion without a hearing. If there is a contested issue, the court schedules a hearing. Upon granting, the court issues an Order of Expungement.
If the DA objects, having a lawyer at the hearing is strongly recommended. Contact Southeast Louisiana Legal Services or your local legal aid office.
- 7
Records are updated
60-90 daysFreeAfter the court issues the order, BCII and law enforcement agencies update their records. The record is removed from public access but not destroyed — Louisiana expungement seals the record from public view rather than destroying it. You receive a copy of the order.
Louisiana expungement removes the record from public access but law enforcement retains access. Send the order to private background check companies if they still show the record after 90 days.
The $550 filing fee
Louisiana charges $550 for conviction expungement filings. This is one of the highest filing fees in the country and a genuine barrier for many people. The fee covers costs to BCII, the clerk of court, the DA's office, the sheriff, and other agencies.
Fee waivers are available. If you cannot afford the fee, Louisiana courts can waive it for indigent petitioners. Ask the clerk about the fee waiver process before you pay. Legal aid organizations may also help cover the cost for qualifying clients.
Non-conviction expungements (dismissals, acquittals) have a lower filing fee — typically around $100-$200 depending on the parish.
- The record is sealed from public access but not destroyed — law enforcement retains access
- Federal records are not affected — FBI databases are separate from Louisiana state records
- Immigration consequences remain — federal immigration law does not recognize state expungement
- Some professional licensing boards may still have access to expunged records
- Private background check companies may take 60-90 days to remove the record
- The 2023 Clean Slate automated process is still being implemented — check lsp.org for updates
Free legal help in Louisiana
- Southeast Louisiana Legal Services (SLLS) — free legal help for income-eligible residents: slls.org or 1-800-310-7029
- Acadiana Legal Service Corporation — serves Central and Southwest Louisiana: la-law.org
- Northwest Louisiana Legal Services — serves Northern Louisiana
- Louisiana State Bar Association Access to Justice: lsba.org/ATJ — pro bono referrals
- Louisiana Law Help: louisianalawhelp.org — free legal information and self-help tools
- Louisiana Supreme Court expungement forms: lasc.org — official forms
- Louisiana State Police BCII: lsp.org/services/bcii — criminal history requests
Southeast Louisiana Legal Services handles expungement cases for income-eligible clients and may help with the $550 filing fee. Apply early — demand often exceeds capacity.
Ready to file? We handle the paperwork.
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